Ascaridis v. Russis

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

Howard W. Minn (defendant) was one of several defendants in an action for injunction and accounting brought by James Ascaridis (plaintiff). Two years after suit was commenced, plaintiff moved for a voluntary dismissal. On February 9, 1978, the complaint was dismissed without prejudice. On March 8, 1978, defendant filed a petition and subsequently an amended petition for attorney’s fees and other relief. (Ill. Rev. Stat. 1975, ch. 110, par. 41.) Plaintiff responded with a motion to strike and dismiss the amended petition. The…